Meltzer v. Royal Acceptance Corp.

Full title: HENRIETTA MELTZER, JEROME S. BRESLAW, SOLOMON SHAPIRO, HENRY ARKIN…

Court: United States District Court, E.D. New York

Date published: Mar 28, 2006

No. 03-CV-5521 (JS) (WDW) (E.D.N.Y. Mar. 28, 2006)

Opinion

No. 03-CV-5521 (JS) (WDW).

March 28, 2006

Glenn Backer, Esq., New York, NY, For Harvey Bayard.

Mitchell Sundel, Esq., New York, NY, For Remaining Plaintiffs.

Royal Acceptance and RIT Auto Leasing, Richard Toporek, For Defendants, No Appearance.

ORDER ADOPTING REPORT RECOMMENDATION

JOANNA SEYBERT, District Judge

Upon review of the Report and Recommendation of Magistrate Judge William D. Wall issued March 8, 2006, to which no party has objected, the Court hereby ADOPTS the Report and Recommendation in its entirety. The Court enters a judgment of default against Defendants Royal Acceptance and RIT Auto Leasing (the "Corporate Defendants"). A calculation of damages is postponed until the case is resolved as to Defendant Richard Toporek. In addition, the Court DISMISSES the Corporate Defendants from the Third-party Complaint.

Magistrate Judge Wall served the Plaintiffs with a copy of the Report and Recommendation via the Eastern District of New York's Electronic Case Filing System ("ECF") and a copy was mailed to all Defendants. The Report and Recommendation provided that any objections were to be filed with the Clerk of the Court within ten days of the date of service. The time for filing objections has expired and no Party has objected. Accordingly, the Court deems all objections waived.

Therefore, the Court ADOPTS Magistrate Judge Wall's Report and Recommendation in its entirety. Plaintiff is ORDERED to serve a copy of this Order upon Defendants via first class mail within ten days of the date of this Order.

SO ORDERED.